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recently purchased a ''by owner'' home, seller stated house was on city water & sewer, we find out today after sewer backing up in our basement tub, that only the upstairs of the house is plumbed to City sewer and we have a septic tank in the front lawn that the downstairs is hooked up to. Do we possibly have legal recourse?

Asked on 3/19/09, 6:57 pm

1 Answer from Attorneys

Depending on how the disclosure form was completed, and whether the transaction was governed by the disclosure act, you might have a cause of action. There are very specific portions of the act and the form that address whether subject property is serviced by sewer or septic systems, and whether there have ever been any problems with the system. The distinction can become very relevant when septic systems, which have many inherent problems not present with sewer disposal, fail or need repairs. You should also immediately visit the city or county (as the case might be) waste disposal authority to determine if there are any existing or previous permitting or code issues with your septic system. Of course, your damages would be determined by the extent to which the failure to disclose impacts the value of the property and/or costs to correct. You should have an attorney competent in this area of law to review your disclosure and discuss your potential damages. I handle these types of cases across the state, and if you would like any additional information, please let me know.